Full file at ://fratstock.eu/sample/Solutions-Manual-The-New... · 2017-05-08 · Full file at ....

Full file at https://fratstock.eu

Integrated Guide to the Text’s Resources (Instructor’s Resource Manual)

Chapter 2 - Establishing a Constitutional Democracy

Table of Contents I. Chapter Overview A. Learning Objectives B. Chapter Summary II. Student Assignments – Pre-Lecture III. Lecture Resources A. Lecture Slides B. Additional Lecture Suggestions IV. Student Assignments – Post-Lecture A. Class Discussion Questions B. Class Activities C. Research Assignments V. Quantitative Assessment VI. Resources for Further Study A. Books B. Articles C. Media D. Web Resources

Copyright © 2011, 2009, 2007 Pearson Education, Inc. All rights reserved.

1


I. Chapter Overview: A. Learning Objectives 2.1 Explain the reasons for the spread of democratic ideals before and during the

Revolutionary War. 2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to the

drafting of a new Constitution. 2.3 Analyze the key proposals made by Constitutional Convention delegates and the major

components of the final document. 2.4 Outline the process for amending the Constitution and identify the liberties that the

amendments have strengthened. 2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical and

contemporary context. Return to Chapter 2: Table of Contents B. Chapter Summary The First National Election

The Framers stipulated that the Constitution would not go into effect until it was ratified in nine states in special ratifying conventions. Those favoring ratification, known as Federalists, included several prominent citizens (George Washington, James Madison, and Ben Franklin, for example). Those opposing ratification, known as Anti-Federalists, lacked strong national leadership. As outlined in Article VII, the Constitution was approved by the necessary nine states in 1788. George Washington was elected president in 1789, and by 1790 all of the original 13 states had ratified the Constitution, with Rhode Island being the last. The Colonial and Revolutionary Era The Colonial Experience with Democracy

When the British began colonization of North America, they believed rulers had a right to rule due to God’s will. Yet the Pilgrims who sailed aboard the Mayflower in 1620 rejected the notion of rule by divine right. Thus, before leaving their ship, they agreed to be governed by consent in the Mayflower Compact.

Colonial governments were typically ruled by an appointed governor and a legislature composed of an assembly elected by qualified colonists and a council appointed by British officials. Governors could veto laws passed by the legislature, but their power lay primarily in their ability to appoint those sympathetic to them to government positions. Legislatures countered this influence by controlling taxes and the salaries of governors as well as their appointees.

The colonists did not allow women, slaves, indentured servants, or aliens to vote. Furthermore, property restrictions for voting in some colonies disenfranchised one-fourth to one-half of the male population. In spite of these restrictions on voting, the foundations for the American democratic experiment were established during the colonial era.


2


Spread of Democratic Ideals during the Revolutionary War

This democratic spirit flourished as the colonists began to oppose British practices. They objected to British taxes since they were not represented in parliament. Eventually, they engaged in acts of violence. When the British took steps to punish the colonists for these acts, the colonists responded in 1774 by calling the First Continental Congress.

Those colonists who took the lead in opposing the British, known as Patriots, fired upon British soldiers in 1775 in what became known as “the shots heard around the world.” Fighting erupted throughout the colonies. The Second Continental Congress passed the Declaration of Independence on July 4, 1776, and the official war for independence began. After seven years of fighting, the British recognized the independence of the colonists (now states) in 1783.

The Declaration of Independence expressed a strong belief in government by consent and the protection of God-given rights. The Declaration included the following three principles, which would shape the writing of the Constitution: 1. Consent of the governed; 2. Separated powers; 3. Citizen rights and representation.

A group of British citizens who opposed British patronage and corruption were called Whigs. One of the more prominent was James Harrington, who wrote about the importance of representation and the rights of qualified voters. Harrington’s ideas found acceptance in America and were articulated in Thomas Paine’s very popular pamphlet called Common Sense.

Thomas Paine, the son of a Quaker, was born in January 1737 in England. After a basic education, he started to work, at first for his father, and then later as an officer of the excise. In this occupation, Thomas Paine was an unsuccessful man who was twice dismissed from his post. In 1774 he met Benjamin Franklin in London, who advised him to move to America, giving him letters of recommendation.

Thomas Paine landed at Philadelphia on November 30, 1774. Starting over as a publicist, he first published his African Slavery in America, in the spring of 1775, which criticized slavery in America as being unjust and inhumane. At this time he also had become coeditor of the Pennsylvania Magazine. Upon arriving in Philadelphia, Paine had already sensed the rising tension and spirit of rebellion within the colonies. The tension and rebellion steadily mounted after the Boston Tea Party and culminated in the battles of Lexington and Concord. In Paine’s view the colonies all had the right to revolt against a government that imposed taxes on them but which did not give them the right of representation in the Parliament at Westminster. But he went even further. For him there was no reason for the colonies to stay dependent on England. On January 10, 1776, Paine formulated his ideas on American independence in his pamphlet Common Sense. Government after Independence Broadening Participation

After independence, states became more democratic than the colonial governments had been. They eased voting restrictions and gave governors short terms. One result was the decrease in the number of the wealthy serving in state legislatures. The Articles of Confederation (1781-1789)

The Second Continental Congress proposed a national government under the Articles of Confederation in 1777. It went into effect in 1781, when ratified by all 13 states.


3


The national government created by the Articles was weak, principally because states remained sovereign and Congress had very few significant powers to deal with the new nation’s many internal concerns, especially those that dealt with fiscal issues. What powers it did have the states also possessed. The Articles created only one national institution, a Congress, in which each state had one vote.

Problems caused by different state currencies, state disputes over trade, incidents of domestic unrest like Shays’ Rebellion, and threats from foreign countries emboldened men like James Madison to call for a meeting to amend and revise the Articles, and if necessary, create a new national constitution. Drafting and Adopting a New Constitution The Constitutional Convention

When attendance was too poor at the Annapolis Convention for any reforms to be proposed, the call went out for a convention in Philadelphia to meet in May 1787. Every state but Rhode Island sent delegates to the convention. Most of the delegates attending agreed that the national government needed to be strengthened. Two major factors, size and location, divided the delegates into small states versus large states and northern states versus southern states.

The Virginia Plan The delegates chose as the basis for their initial discussions the Virginia Plan, the

constitutional proposal supported by delegates from large states. It called for a Congress composed of a House elected by voters and a Senate elected by state legislatures. Representatives in both houses would vary from state to state based on a state’s population. It also called for Congress to elect an independent executive and the creation of an independent Supreme Court.

The New Jersey Plan The smaller states countered with their own proposal: the New Jersey Plan. Like the

Virginia Plan, it called for three independent branches (Congress, Executive, and Judiciary), but it would retain the single house in the Congress with each state having one vote.

The Connecticut Compromise To settle the differences between these two proposals, the delegates approved the

Connecticut Compromise (Great Compromise). Congress would be composed of two houses. In the House of Representatives, state representation would be based on population. In the Senate, every state would have an equal vote. Government of Separated Powers

The delegates granted several significant powers to Congress. Voters would elect representatives to the House for two-year terms, and state legislatures would elect Senators to six-year terms. Although it was later proposed, the Framers refused to place any term limits on either Representatives or Senators.

The delegates created a position for a president who must frequently act in concert with Congress (both the House and the Senate) in order to exercise powers. With a two-thirds vote, the House can impeach the president for committing high crimes and misdemeanors, and the Senate can acquit or convict and remove an impeached president. When large and small states differed over how to elect the president, the delegates compromised and created the Electoral


4


College. The number of electoral votes a state has is based on its total representation in Congress. Each state can decide how electors are chosen.

The delegates created a Supreme Court, appointed by the president with the consent of the Senate for an unspecified term (“good behavior”). Refusing to create lower federal courts, the delegates gave this power to Congress. Congress created lower federal courts in 1789. The delegates also specified that the Constitution was the supreme law of the land, which all judges—federal and state—are bound by oath to uphold.

The delegates refused to ban slavery but did put a 20-year limit on continuing the slave trade. A compromise was reached on the subject of how to count slaves for purposes of representation in the House of Representatives: Each slave would count as three-fifths of a nonslave (the Three-Fifths Compromise). In exchange for this, southern states agreed to grant Congress the authority to tax imports. They also included the Fugitive Slave clause (Article 4, Section 2) and the 1808 Slave Trade Clause (Article I) to appease any southern dissent. The Bill of Rights

Thinking that protection of rights would be a state responsibility, the delegates did not include a Bill of Rights. To alleviate criticism for this, the Federalists promised to add a Bill of Rights to the Constitution if states ratified it. The Anti-Federalist/Federalist Debate

Anti-Federalists were also theoretically opposed to the Constitution. They thought it gave too much authority to the national government, leaned toward monarchy, and would create an aristocracy. The Federalists answered these concerns in a series of newspaper articles, now known as The Federalist Papers. The authors of those essays thought the threat of tyranny could come from outside or from within the country. This threat explained why the Framers instituted a set of checks and balances, dividing power between the nations and states, and agreed upon a bicameral Congress. Amendments to the Constitution

Realizing the Constitution would need to be changed, the Framers provided for a method of formal amendment of the Constitution. Of the four different methods, the most frequently used is for Congress to propose with a two-thirds vote and state legislatures to ratify by three-fourths of the states.

This procedure is so difficult that only 27 amendments have been ratified, with the Bill of Rights containing 10 amendments added in 1791. The most common type of amendment is that expanding the right to vote. The Constitution: An Assessment

The debate over the Constitution endured far beyond the ratification period. Modern historians debate the Framers’ intent in designing the Constitution as they did. In his book, An Economic Interpretation of the Constitution of the United States, Charles Beard argues that the Framers were motivated by a desire to help the powerful and wealthy. In contrast, Bailyn and Wood see the Framers as motivated by the ideals of the Whigs. Some classroom dialogue should be exercised here.


5


Proponents of both sides of the debate on the Constitution probably overstate their case. From a democratic perspective, certain parts of the 1787 Constitution could be criticized: continuation of the slave trade until 1808, failure to extend the right to vote, and failure to list the rights of citizens. In defense of the Framers, some of the failures were designed to help guarantee ratification.

The Framers did draft a document that contributed to the solution of two of the immediate problems facing the United States. First, it created a unified nation capable of defending its member states and citizens. Second, it facilitated the country’s economic development by outlawing individual state currencies and eliminating state tariffs. They also created a presidency, filled first by George Washington, which provided strength to the new national government. The Constitution Today

The Constitution created a framework that facilitates a popular democratic experiment. In doing so, different interests could compete so that majority tyranny would be prevented, whether the old interests of the Framers or the newer interests of today.

By relying on ambiguous language in drafting the Constitution, the Framers were able to allow the document to adapt to modern problems and concerns. This has prevented the need for constant revision of the document. The Framers’ refusal to ban slavery allowed that institution, and all of its problems, to continue, but it is hard to see how they could have prohibited slavery and also gained ratification for the document. Please see John Hope Franklin’s book From Slavery to Freedom about the impact of slavery. The discussion of Reparations for African-Americans can also be discussed. Return to Chapter 2: Table of Contents


6


II. Student Assignments Pre-Lecture A. Student Required Reading: Chapter 2 - Establishing a Constitutional Democracy B. Administer Reading Comprehension Quiz (see Test Bank, Chapter 2) Return to Chapter 2: Table of Contents


7


III. Lecture Resources A. Lecture Slides Slide 1

Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Slide 2


• The Colonial and Revolutionary Era

• Government After Independence

• Drafting and Adopting

a New Constitution

• Amendments to the Constitution

• The Constitution: An Assessment

Slide 3

Copyright © 2011 Pearson Education, Inc. Publishing as LongmanCopyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter Outline and Learning Objectives

The Colonial and Revolutionary Era

Government After Independence

Drafting and Adopting a New Constitution

LO 2.1 Explain the reasons for the spread of democratic ideals before and during the Revolutionary War.

LO 2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to the drafting of a new Constitution.

LO 2.3 Analyze the key proposals made by Constitutional Convention delegates and the major components of the final document.

Slide 4


Chapter Outline and Learning Objectives

Amendments to the Constitution

The Constitution: An Assessment

LO 2.4 Outline the process for amending the Constitution and identify the liberties that the amendments have strengthened.

LO 2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical and contemporary context.


8


Slide 5



• The Colonial Experience with Democracy

• The Spread of Democratic Ideals During the Revolutionary War

• The Theory of Rights and Representation

LO 2.1

Learning Objectives

LO 2.1 Explain the reasons for the spread of democratic ideals before and during the Revolutionary War.

Lecture Notes: -The nature of early colonial political systems -How democratic ideals spread before and during the Revolution -The state of political thought at the dawn of U.S. Independence

Slide 6






LO 2.1

Learning Objectives

Lecture Notes: -Jamestown had first representative assembly (1619) -Self-government was short-lived and in 1624 James I reclaimed the territory. -Royal colonies

king’s representative elected assemblies

- Pilgrims religious dissenters rejected divine right of kings formed Mayflower Compact

-express consent to be governed Slide 7






LO 2.1

Learning Objectives

Lecture Notes: -Proprietary colonies: governed by English noble or company

When unsuccessful became royal colony

-Power in both types of colonies divided between: • Governor: patronage power and • Two-chamber legislature: power to

tax • Lower chamber: colonial assembly • Upper chamber: colonial council

-Voting Qualifications The colonists did not allow women, slaves, or indentured servants to vote

Slide 8






LO 2.1

Learning Objectives

Lecture Notes: -Colonists asked to help with cost of keeping troops in colonies -1765 imposition of Stamp Tax on colonies

Already in use in Britain, where taxes were higher than in the colonies

Colonists had never paid a direct tax, had no voice

Stamp Act Congress Patriots — Boston Tea Party


9


Slide 9






LO 2.1

Learning Objectives

Lecture Notes: -1774: First Continental Congress

12 colonies sent delegates Issued statement of rights, called for

boycott Patriots began military activity;

Tories remained loyal to crown -Those colonists who took the lead in opposing the British, known as Patriots, fired upon British soldiers in 1775 in what became known as “the shots heard around the world.” Fighting erupted throughout the colonies. -1775: Second Continental Congress -1776: Declaration of Independence -Seven-year War for independence ended with the Treaty of Paris in 1783

Slide 10






LO 2.1

Learning Objectives

Lecture Notes: -The Declaration included the following three principles, which would shape the writing of the Constitution:

• Consent of the governed -Thomas Hobbes (1651) Leviathan

• Separated powers • John Locke, in his, “Two Treatises of

Civil Government,” provided a justification for separation of powers: legislative, executive, and judicial.

• Citizen rights and representation Slide 11






LO 2.1

Learning Objectives

Lecture Notes: -Citizen Rights and Representation

• Whigs: critics of concentration of power in British government Not enough to have separation of

powers Citizens should be able to check

government -James Harrington: elections for the ablest leaders -Thomas Paine (1776) Common Sense

Slide 12


Which of the following was not one of the founding principles of the Declaration of Independence?

A. Consent of the governed

B. Separated powers

C. Equality of opportunity

D. Citizen rights and representation

Learning Objectives

LO 2.1


10


Slide 13


Which of the following was not one of the founding principles of the Declaration of Independence?

A. Consent of the governed

B. Separated powers

C. Equality of opportunity

D. Citizen rights and representation

Learning Objectives

LO 2.1

Slide 14



• Broadening Participation

• The Articles of Confederation (1781-1789)

LO 2.2

Learning Objectives

LO 2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to the drafting of a new Constitution.

Slide 15





LO 2.2

Learning Objectives

Lecture Notes: -Aftermath of war:

Easing of property-holding voting restrictions

-Impact on who was elected -Term limits -Abigail Adams:

Early advocate of suffrage for women

Slide 16





LO 2.2

Learning Objectives

Lecture Notes: -Continental Congress granted limited powers to the national government under the Articles of Confederation in 1777.


11


Slide 17


Government After Independence:Articles of Confederation (1781-1789)

Learning Objectives

LO 2.2

Lecture Notes: -The Articles created a weak central government:

Could not tax directly Could declare war, but not raise an

army directly Could coin money; but could not stop

states from doing so Could negotiate with other countries

on tariffs, but so could individual states

Could not force states to get along commercially

Supermajority required to take any action

Unanimity required to alter Articles Slide 18

Copyright © 2011 Pearson Education, Inc. Publishing as LongmanLearning Objectives

LO 2.2

Lecture Notes: Continued problems:

• Shay’s Rebellion • Other domestic unrest • Threats from abroad

-Britain -Spain -France

-Leaders like James Madison were prompted by these problems to call for a meeting to amend and revise the Articles, and if necessary, create a new national constitution.

Slide 19


LO 2.2

Figure 2.1, Map of Competing Claims Being Made in North America in 1787 Lecture Notes: This map shows only some of the competing claims being made in North America in 1787. Because the British had a superior navy, the United States was, in a sense, surrounded by foreign powers.

Slide 20


The Articles of Confederation granted all national powers to which branch of the government?

A. Congress

B. The judiciary

C. The President

D. The Bureaucracy

Learning Objectives

LO 2.2


12


Slide 21


The Articles of Confederation granted all national powers to which branch of the government?

A. Congress

B. The judiciary

C. The President

D. The Bureaucracy

Learning Objectives

LO 2.2

Slide 22



• The Constitutional Convention

• A Government of Separated Powers

LO 2.3

Learning Objectives

LO 2.3 Analyze the key proposals made by Constitutional Convention delegates and the major components of the final document.

Slide 23





LO 2.3

Learning Objectives

Lecture Notes: -Preceded by the Annapolis Convention

• Reform minded • Only 5 states represented

-Madison requested Congress ask each state to send delegates to a convention

• Purpose: Revise the Articles • Most states favored some revision • Rhode Island the exception • Individuals in opposition stayed away, for

example Patrick Henry • Ten delegates abandoned convention;

another three refused to sign -Virginia plan had support of more populous states

Less populous states were uneasy -New Jersey plan offered as alternative

Three branches with different powers Kept one chamber of Congress, with

each state having one vote Did not grant Congress broad powers.

Rather, very specific powers.


13


Slide 24


LO 2.3

The Virginia and New Jersey Plans

Slide 25


LO 2.3

Figure 2.2: The Connecticut Compromise Lecture Notes: -These pie charts show how the proportional representation accorded to each state in the House and Senate, according to the Connecticut Compromise. -Majority of states supported Virginia Plan -Small states considered leaving and thus killing chance of ratification -Committee given task of resolving problem -Solution: Split the difference

Big states – House proportionate to population

Small states – Equality in the Senate Slide 26





LO 2.3

Learning Objectives

Lecture Notes: -End result was a government with three branches that divided power among them Legislative

Powers: Tax, coin money, regulate commerce, declare war, maintain an army

Necessary and proper clause House chosen by voters every two

years; No term limits Senate selected by state legislatures;

Six-year terms States could choose own voter

qualifications


14


Slide 27





LO 2.3

Learning Objectives

Lecture Notes: -Executive

• Presidential power under tight congressional control

• Senatorial advise and consent -President signs treaties; treaties only take effect if two-thirds of Congress approves -President can appoint both judges and executive branch offices, but appointees must be confirmed by a majority of the Senate.

• Impeachment clause makes president dependent on Congress House impeaches the president Senate tries the president

Slide 28





LO 2.3

Learning Objectives

Lecture Notes: Resolution: Compromise with the electoral college

States choose the same number of electors as it has senators and representatives in Congress; DC has three electoral votes

Selects electors from states (states choose how to select) and then electors vote for president

Must win majority of electoral college

If not, action moves to the House of Representatives where each state delegation has a single vote (giving more power to smaller states)

Suggestion for In-Class Discussion: -Engage the students in a debate over whether the electoral college should be eliminated.

Slide 29





LO 2.3

Learning Objectives

Lecture Notes: -Judicial Compromise

• Most delegates agreed on need for a Supreme Court

• Did not agree on need for lower courts • Compromise: left it to Congress to decide • Judicial review controversial as well

-Some, perhaps most, supported the court having authority to declare laws null and void -When opposition emerged, delegates maintained silence and left the issue alone -Supremacy Clause says the Constitution is the “supreme Law of the Land”


15


Slide 30





LO 2.3

Learning Objectives

Lecture Notes: -Compromising on Slavery

• Only one delegate said it was his moral duty to eliminate slavery

• Focus was instead ending international slave trade

• Compromise reached: slave importation would cease in 20 years

• Three-Fifths Compromise: Counting five slaves traded for imposing tariffs on foreign goods as three free men

Slide 31


LO 2.3

Learning Objectives

Key Civil Liberties Protected by the Bill of Rights Lecture Notes: -A Bill of Rights: What of the protection of people’s liberties?

• Neglected to include provisions in draft of the Constitution

• State constitutions generally included such provisions

• Protection of liberties the duty of the states?

• Roadblock to ratification: Needed explicit expression of Whig theory of rights

• Bill of Rights was promised Slide 32


The Constitutional Convention proposal that created a House proportionate to population and a Senate in which all states were represented equally was called what?

A. The Virginia Plan

B. The New Jersey Plan

C. The Necessary and Proper Clause

D. The Connecticut Compromise

Learning Objectives

LO 2.3

Slide 33


The Constitutional Convention proposal that created a House proportionate to population and a Senate in which all states were represented equally was called what?

A. The Virginia Plan

B. The New Jersey Plan

C. The Necessary and Proper Clause

D. The Connecticut Compromise

Learning Objectives

LO 2.3


16


Slide 34


Amendments to the ConstitutionLO 2.4

Learning Objectives

LO 2.4 Outline the process for amending the Constitution and identify the liberties that the amendments have strengthened.

Figure 2.2: Amending the Constitution: A Two-Stage Process Lecture Notes: -Need for compromise

• Big States: Fear of stagnation and protracted conflict with unanimity rule for amendments

• Small States: Fear of dominance of big state agendas

• Fear of endangering slavery if amendment too easily accomplished

-Result: Complicated formula

Slide 35


How many amendments to the Constitution have been enacted since ratification of the Bill of Rights?

A. 10

B. 12

C. 17

D. 24

Learning Objectives

LO 2.4

Slide 36


How many amendments to the Constitution have been enacted since ratification of the Bill of Rights?

A. 10

B. 12

C. 17

D. 24

Learning Objectives

LO 2.4

Slide 37


The Constitution: An Assessment LO 2.5

Learning Objectives

Lecture Notes: --Criticisms of the Constitution:

• Powers of the Supreme Court poorly defined

• Electoral college does not always seems to work

• Other issues poorly defined, vaguely expressed

• Falls short of expressing contemporary democratic ideals relating to basic freedoms

• Shortfalls related to the need for ratification

-Slavery and voting rules win support of white, male, propertied population


17


Slide 38



Learning Objectives

Lecture Notes: -Achievements of the Constitution

• Created unified nation capable of defending itself

• Facilitated the country’s economic development

-Outlawed separate state currencies -Outlawed state tariffs

• Created a presidency that was first filled by Washington

Slide 39



Learning Objectives

LO 2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical and contemporary context.

Lecture Notes: -Constitution continues to give many groups and interests opportunities to voice their concerns -Constitutional ambiguity has been a plus -Adaptability: Stunning accomplishment -Successful governing arrangements -Stain of slavery

-Could not resolve an intractable problem -Strong solution would mean no ratification

Slide 40


In his book, An Economic Interpretation of the Constitution of the United States, Charles Beard argues that the Framers were motivated by what?

A. A desire to help the powerful and wealthy

B. A deep belief in separation of powers

C. Religious convictions

D. An interest in resolving internal political battles among themselves

Learning Objectives

LO 2.5

Slide 41


In his book, An Economic Interpretation of the Constitution of the United States, Charles Beard argues that the Framers were motivated by what?

A. A desire to help the powerful and wealthy

B. A deep belief in separation of powers

C. Religious convictions

D. An interest in resolving internal political battles among themselves

Learning Objectives

LO 2.5

Return to Chapter 2: Table of Contents


18


B. Additional Lecture Suggestions 2.1 Explain the reasons for the spread of democratic ideals before and during the

Revolutionary War Explain the meaning of the American Revolution, the events leading up to it, and the

country’s first constitution. Summarize the major events leading up to the American Revolution. While they remained under British rule, the colonists used colonial assemblies to represent

the interest of the citizens before the royal governors. The colonists became increasingly dissatisfied as Parliament imposed new taxes (the “Great Squeeze”) and showed favoritism to royal supporters.

The causes of the American Revolution were both financial and ideological. The Great Squeeze and other “taxation without representation” made it difficult for the colonists to prosper. The financial problems, combined with the growing idea of self-rule, resulted in greater animosity toward continued British rule.

Violence broke out between the colonists and the British at Lexington and Concord, signaling the beginning of war. To unite opinion on behalf of the revolution, Thomas Jefferson wrote the inspired words of the Declaration of Independence, reflecting the ideas of natural rights and social contract theory set forth by John Locke. Momentum against the British also came from General Washington’s victories, the writings of Thomas Paine, and the French support for the revolution.

Did Shays’ Rebellion occur because there were no other pathways for change besides violence? The Massachusetts legislature did not respond to the needs of the poor farmers, while in other states, the interests of the wealthy were often endangered by government policies.

Read Jefferson’s specific grievances against George III in the Declaration of Independence. Students do not always perceive the different purposes served by the Declaration of

Independence and the U.S. Constitution. They often confuse the two, thinking, for example, that the Constitution of 1787 states “all men are created equal” or recognizes inalienable rights. The two documents served different purposes and because of this there are striking

contrasts between them. The Declaration of Independence: If one word had to be used to summarize the

meaning of the Declaration of Independence it would be “liberty.” The document was intended to justify revolution because the colonists thought their liberties were being violated. Thus the document stresses such things as inalienable rights such as life, liberty, and the pursuit of happiness.

The U.S. Constitution: The one word that summarizes the purposes of the Constitution is “stability.” [Note: This is typically the approach taken by history texts, but there is an alternative view. See, for example, Martin Diamond’s persuasive text, The Founding of the Democratic Republic.] As the students learn when reading Chapter 2, the Constitution was a reaction to the failures of the Articles of Confederation. The Convention was called because of actions in the states such as


19


Below are some additional specific contrasts between the two documents: i. Equality: The Declaration of Independence refers to the “equality of man.”

The Constitution does not mention equality until the Fourteenth Amendment, ratified in 1868.

ii. Natural Rights: The Declaration of Independence states that people have God-given inalienable rights. The Constitution makes no reference to either God or inalienable rights. Of course, later amendments make reference to rights (especially the First through the Ninth Amendments). But even the Fourteenth Amendment makes specific reference to states not depriving people of life, liberty, or property without due process of law. Logic would dictate, and practice has borne out, that the state may constitutionally deprive people of life, liberty, and property as long as due process is followed.

iii. Democracy: Conventional wisdom has it that the Declaration of Independence endorses democracy and the Constitution of 1787 is undemocratic. [This view would itself make for interesting class discussion. For specifics, see Martin Diamond’s book mentioned above.] If one accepts these views, the difference between the two documents is obvious. The democratic aspect of the Declaration comes primarily from the reference to legitimate government originating from the consent of the governed (and the entire historical context, seen specifically in the long list of complaints against the British). The undemocratic aspects of the Constitution include filters for electing the president (the Electoral College) and the Senate (state legislatures, until ratification of the Seventeenth Amendment in 1913). Furthermore, all federal judges are appointed. Also, a majority of Congress cannot propose an amendment to the Constitution. Nor may a majority of Americans ratify an amendment. Another undemocratic criticism of the Constitution is that it guarantees every state, regardless of population, two Senators which were not even directly elected by the people until the ratification of the Seventeenth Amendment in 1913.

iv. Finally, the qualifications of voters are not specified in the Constitution of 1787, allowing states to disenfranchise blacks, women, the young, and whoever else they want. In fact, if the Constitution is a democratic document today, it is because Americans have seen fit to amend it. Here is a list of amendments that have made the Constitution—so the argument goes—more democratic:

13th (1865)—prohibition of slavery 14th (1868) —legal equality 15th (1870) —no denial of vote based on race 17th (1913) —popular election of U.S. Senators 19th (1920) —no denial of vote based on sex 23rd (1961) —citizens of Washington, D.C. are granted electoral votes 24th (1964) —poll taxes prohibited 26th (1972) —voting age lowered to 18


20


v. Revolution: A final contrast between the two documents is the right of revolution. The Declaration specifically recognizes the right, while the Constitution makes no reference to it. (In Article III, the Constitution gives Congress authority to punish those found guilty of treason.)

The principle of liberty that informed the Declaration of Independence ran contrary to the continued existence of slavery. The Constitutional Convention, however, required political compromise that allowed institutionalized slavery to continue. The compromise on slavery at the Constitutional Convention resulted in an uneasy balance of idealism and practical politics that is still reflected in the American search to reach “perfect” justice and freedom.

Declaration as instrument of propaganda targeted toward two audiences. Internal—the revolutionaries were a minority view. The Continental Congress needed

to convince their fellow colonists that revolution was a cause they should support. The declaration justified the revolution and presented a persuasive argument. Copies were made and it was read from the town square in cities and villages throughout the colonies. Viewed this way, the declaration was a great success as public opinion shifted and the majority of the colonists supported the revolution after the declaration. This approach shows that the colonists used some of the same pathways change that modern Americans use.

External—the Congress knew that their only hope for success was if they were able to engage in commerce abroad and buy weapons openly on the international market. This was only possible if other countries recognized the legitimacy of their rebellion. Copies of the declaration were sent to foreign capitals with emissaries. England was the superpower of its day, so foreign governments had to be careful and not antagonize the British. The declaration was successful in this regard as well, as France and Spain ultimately sided with the colonists which turned the tide in the war. This approach puts the American revolution in the larger global context and help students see that foreign relations were as complicated then as they are now.

i. Another discussion that could take place (at least I find it useful) is to contrast contemporary declarations of independence with the original. There are militia groups, various ranch compounds in Texas, Montana, and Idaho, and radical individuals who have all issued manifestos or declarations that mirror Jefferson’s, declaring their properties to be sovereign states. Students are invited to discuss whether a right to revolution still exists, and identify what criteria need to be met for such a declaration to be legitimate. The instructor can point to key differences that made the original declaration legitimate.

Most pathways of change were not available to the colonists. They had attempted the ones that were, so revolution was a last resort. Modern would-be American revolutionaries have many more pathways change available to them. Losing the policy battle or failing to sway public opinion does not justify rebellion.

The declaration was written “out of respect for the opinions of mankind" and was an attempt to gain support for their position. Most of the modern declarations are written by people who hold the opinion of mankind in contempt. They are manifestoes not attempts to use a pathway of change.


21


The Congress was issuing the declaration as a public declaration of war. The Congress followed the international norms of the day regarding diplomacy and the rules of war. Many of those who are issuing the modern declarations are criminals or domestic terrorists who do not abide by these norms.

The most important distinction is that the original declaration was issued by the Continental Congress. These men were sent as representatives of their constituencies. This gave them a legitimacy to declare on behalf of their communities that the social contract had been violated by the British. The modern declarations are for the most part issued by small groups and families who were not elected by anybody and can speak for nobody but themselves. They simply do not have the legitimacy to declare for their community that the social contract has been violated.

2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to

the drafting of a new Constitution The first “American” government was formed under the Articles of Confederation (1781). It

had a weak central government, with most of the power retained by the states. This arrangement reflected the notion that small, local government is the best way to represent the interest of the citizens, and the reluctance of state governments to give up any power to a higher authority.

The Articles of Confederation failed because the national government was too weak. It had no national president, and lacked sufficient power to tax, regulate commerce, or conduct foreign affairs. This weakness was best illustrated by the inability to respond to Shays’ Rebellion in Massachusetts.

Describe the government established by the Articles of Confederation. Describe the governing problems the Framers of the Constitution attempted to resolve. Explain the major weaknesses of the government established by the Articles of

Confederation. Use the example of seditious libel to discuss the notion that under our constitutional

separation of powers, if the legislative branch wanted to punish critics for remarks they made about our government, the legislative branch must enlist the cooperation of the other branches—the executive to prosecute and the judicial to try and convict.

Explain how the old Congress under the Articles of Confederation was very different from the new Congress that emerged from the Constitutional Convention.

Explain how the concept of judicial review gives the Supreme Court veto power over acts of Congress.

What emerged from the Constitutional Convention was a national legislative body with its jurisdiction spelled out in a series of specified or “enumerated” powers, expressed in broad terms. This extended listing of national legislative powers takes on added significance when contrasted with the vastly different proposals advanced, but not adopted, at the Constitutional Convention. At one point the Convention tentatively approved a proposal that the national legislature should have the power “to legislate in all cases for the general interests of the Union, and also in those to which the States are separately incompetent.” Hamilton proposed


22


Play devil’s advocate in class. Summarize for your class the Beard thesis on the economic motives of the framers and present it as a fact. (Charles Beard argued in An Economic Interpretation of the Constitution of the United States that the framers were motivated mainly by economic self-interest, creating a strong national government to preserve economic order, to force the payment of debts, and to enforce contracts.) Challenge your students to think about whether the motives of public figures are always based on self-interest, and about whether it is possible for self-interest to be channeled into public good.

What is NOT in the Constitution (and the importance of the 85 Federalist Papers): Most texts inform students about what is in the Constitution in the chapter on the

Constitution. For a good change of pace, this can be taught using a unique (and hence, one hopes, more stimulating) technique. Use a class session to discuss what is NOT in the Constitution. This is also a good time to introduce them to some specifics in The Federalist Papers. It can also be a good time to talk about methods of constitutional interpretation, although it would also be appropriate to discuss that during the chapter on the judiciary.

Constitutional Principles: If students are asked (and it can be both fun and stimulating to ask this in class) what are the basic ideas or principles of the U.S. Constitution, they will often name the things they learned in secondary school: democracy, separation of powers, checks and balances, judicial review, and federalism. None of these things are in the U.S. Constitution, either in the document as written in 1787 or in any amendments. This is not to say that these ideas are not expressed in the document nor permeate the document, but it is somewhat odd that the things we think of as most important to the Constitution are not to be explicitly found there. And, of course, explicit is the key word here. These are ideas that can be found in the Constitution, they just are not explicit. How do we, for sure, know they are there? The answer for that can be found in The Federalist Papers.

Federalist No. 10: Simply put, and from a procedural point of view, democracy is rule by simple majority. Although our Framers are accused of creating a republic rather than a democracy, sometimes they used the words interchangeably. Madison did this in one section of Federalist No. 10. After introducing the reader to the problem of factions, Madison states that factions cannot be prevented but their effects can be controlled. Factions can be either a majority faction or a minority faction. Under the Constitution, the latter are not a problem. Why? Madison states, “If a faction consists of less than a majority, relief is supplied by the republican principle.”

Democracy or Republic?: In other words, here “republican” is used as synonymous with simple majority rule. If a sinister faction consists of a numerical minority, simple majority rule will defeat it. The majority will prevent it from imposing its will on the rest of society. This is democracy, as Madison saw it, and it will operate under the U.S. Constitution in spite of the fact that the word “democracy” does not appear in that document.

Separation of Powers: The words “separation of powers” and “checks and balances” do not appear in the Constitution. Some state constitutions do have entire Articles


23


i. The classic quote in support of separation of powers appears in Federalist No. 47. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

ii. How does one keep the departments separate? That is a problem because power, in the Framers’ point of view, is encroaching. The branch to be feared the most is Congress. In describing the legislative branch in The Federalist No. 48, Madison describes it as “everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.”

Checks and Balances: Paradoxically, the Framers’ design for keeping the departments separate was by uniting them, giving each a bit of the powers of the other. In Madison’s words, “unless these departments be so far connected and blended as to give to each a constitutional control over the others [what we call “checks and balances”], the degree of separation can never in practice be duly maintained.” In Federalist Papers Nos. 49 and 50, Madison critiques two of Jefferson’s ideas for keeping the departments separate. In both cases, Madison rejects the ideas as unworkable relying instead on the concepts of checks and balances. Madison concludes the series in the often-quoted Federalist No. 51. Having rejected Jefferson’s notion of occasional or periodical conventions to correct imbalances among the three departments, he states:

i. “But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the other.”

ii. He defines the calculus of establishing a good government: “In framing a government, the great difficulty lies in this: you must first enable the government to control the governed [this was done by giving the national government greater powers than had existed under the Articles] and in the next place oblige it to control itself [this was done by checks and balances].”

iii. What is the fuel that drives the system? Madison states, “Ambition must be made to counteract ambition.” Here and throughout The Federalist Papers, students can see the concept of separation of powers and checks and balances.

Judicial Review: The theory of judicial review is discussed in The Federalist No. 78. The framer’s belief in judicial review, although not used by that name, can be seen in Madison’s Notes of the Constitutional Convention; see Farrand’s edition. In this essay, Hamilton asserts that the Constitution is a fundamental law. Early on in the essay, Hamilton notes that the Constitution limits what the government may do by specifying the powers of government. It also contains specific limits on what the government can and cannot do. For example, ex post facto laws are prohibited. Then Hamilton makes this statement which is clearly an endorsement of judicial review:


24


Federalism: The Framers were aware of only two ways of establishing the legal relationship between the central government and the states: confederation (as in Articles of Confederation) and national (or what today is called unitary). Yet they rejected these two types and created a third: federalism. In Federalist No. 51, Madison notes that federalism provides the citizens of the United States with a double security. There are two levels of government (national and state) to which to appeal, and each level is subdivided into different branches. This fragmentation of government helps prevent tyranny. “The different governments will control each other; at the same time that each will be controlled by itself.” At the same time, federalism helps prevent tyranny of the majority by permitting the creation of a large republic.

OTHER AMERICAN CONSTITUTIONS Many students think of the Constitution adopted in 1789 as the only fundamental law

under which this country has been governed. A lecture describing other American constitutions can be intriguing and informative.

First, summarize the development of the Articles of Confederation: who drafted it and the problems of ratification. Highlight the form of government the Articles established: a single-chamber legislature based on state equality, with delegates chosen by state governments and instructed by them; no executive or judicial offices; no coercive power over individuals; and so on. Ask the class to consider what impact the experiences under the Articles had on the drafting of the Constitution.

Second, the Confederate States of America were governed under a separate constitution from 1861 to 1865. Similarities and differences with the federal Constitution can be brought out. For example, the CSA had separation of powers and checks and balances, but it proclaimed the states to be sovereign, had a six-year term for the presidency, gave the president a line-item veto, and gave cabinet members nonvoting seats in the Congress. Could some of these measures be useful in today’s federal system?

Third, the instructor could cover in class the fairly large number of state constitutions which have been rewritten in the past 20 years. What procedures have been used by the states to draft constitutions? How does the format of typical state constitutions compare with that of the U.S. Constitution? The Book of the States, published biannually by the Council of State Governments, is a useful source for such information.

Fourth, there are a number of new constitutions being written now throughout the world, especially in European countries. The various republics comprising what used to be the Soviet Union and the Eastern Bloc have all recently redrawn their constitutions, some adopting parliamentary systems, others presidential, and still others drafting their own unique system taking into account different values and historical experiences. Already some of these constitutions are going through crises of legitimacy as ethnic and ideological challenges arise. Similarly, Western Europe has drawn up, and is now implementing, a document to bring the 15 nations of the European Union into a true political integration. Examples of the ups and downs of


25


The convention to revise the Articles of Confederation became a movement to discard the old government and design a new constitution. The Virginia Plan and New Jersey Plan were offered as alternative designs for the new government. The Virginia Plan called for three branches of government, and a bicameral legislature with the number of representatives per state based on population.

The Great Compromise resolved the debate between the Virginia and New Jersey Plans by creating a bicameral Congress, with representation in the lower house based on population, and equal representation of each state in the upper house.

Southern states wanted to include slaves when counting population for representation and taxation, while northern delegates objected, as this would give the South more representation. The result was the Three-Fifths Compromise, in which three-fifths of all slaves would be included in the count.

The Sectional Compromise refers to the trade-off that southern economic interests would be protected by guaranteeing that the Atlantic slave trade would be allowed to continue for at least 20 years, while northern commercial interests would be helped by agreeing that only a simple majority vote, not a supermajority, was needed to regulate commerce.

Cover the major structural provisions of the Constitution. Separation of powers into three branches of government would prevent a concentration of power in one institution. A system of checks and balances allows each branch to limit the actions of other branches. Representative government protects against a “tyranny by the majority.” Federalism divides power between the state and national levels. Besides these measures to prevent abuse of power by one group or institution, the Constitution allowed for change via the amendment process.

Ratification of the Constitution required approval by 9 of 13 states. The Federalists supported ratification, opposed by the Anti-Federalists.

James Madison, Alexander Hamilton, and John Jay wrote a series of essays, The Federalist Papers, arguing in favor of ratification. These essays are compelling explanations of how the proposed government would protect against abuse of power.

The Anti-Federalists offered two main objections to the proposed Constitution: large governments could not properly represent local interests, and there was no Bill of Rights. The Federalists agreed that if the Constitution was ratified, the first task of the new government would be to adopt a Bill of Rights. This agreement convinced enough people to support the Constitution to bring about ratification.

Events after the ratification of the Constitution continued to build the foundations of the American political system.

The 1790s saw a debate over the role of average citizens in governance. The election of Jefferson and the Democratic-Republican Party reinforced the notion that the average citizen should have a role in government. This election also represented the first American peaceful change of parties in power.

Describe the elements of the Constitution that prevent the concentration of power in one group or institution.


26


2.3 Analyze the key proposals made by Constitutional Convention delegates and the major components of the final document

Summarize the dilemma the framers faced in balancing efficiency and decision making. Explain the trustee model of representation put forth by Edmund Burke. Explain the difference between parliamentary and presidential democracies as a way to

further classify governments. 2.4 Outline the process for amending the Constitution and identify the liberties that the

amendments have strengthened Certainly one of the strangest examples of amending the Constitution is the recent (May

1992) ratification of the Twenty-Seventh Amendment. One of the 12 proposed amendments written by James Madison in the Bill of Rights, this proposal was never ratified by the necessary three-fourths of the state legislatures—until 201 years later. (The other proposed amendment that was not ratified dealt with apportionment of House seats among the states, setting a standard of one seat for every 50,000 people.) At the time of its authoring, Congress did not place a time limit on the ratification process. In fact, as the text points out, the seven-year time frame is a “modern practice.” The Twenty-Seventh Amendment, which prohibits a congressional pay raise from going into effect until after a congressional election has been held, is a reflection of the current discontent with Congress, politics, and Washington, but it also shows that the distrust is not confined to the current day. In the 1790s, the distrust was also present. Mention could also be made of the other proposed amendments that did not have time periods placed on them. One, passed before the Civil War, would prohibit Congress from ever outlawing slavery; another, from the 1910s, would have allowed Congress to regulate child labor. The first, of course, has been made obsolete by the Thirteenth Amendment. The second was also made obsolete shortly after its passage as the Supreme Court changed its interpretation of the interstate commerce clause to allow legislative action in the area of child labor. The existence of proposed amendments, floating in never-never land, being rendered obsolete by changing events, yet still technically viable as they await the necessary three-fourths of the states, can bring home to the student the reason for the adoption, in the twentieth century, of the seven-year rule. For more information on the Twenty-Seventh Amendment, Congressional Quarterly Weekly Reports has excellent coverage in several issues from May 1992.

THE “COMPROMISE” CONSTITUTION We tend to focus on how well the basic constitutional concepts, such as checks and

balances, federalism, and separation of powers, have survived for more than 200 years. But students need to appreciate that the Constitution was a compromise document drafted in a fairly short amount of time by men with conflicting beliefs who possessed the shortcomings of all human beings. A lecture can be built around some of the less successful elements of the Constitution, including:

i. The lack of a Bill of Rights. ii. Under Article 1, section 2, slaves were considered three-fifths of a person.

iii. Under Article 1, section 3, the vice president serves as the president of the Senate, a role that generally existed only on paper.


27


iv. Under Article 1, section 3, senators were originally elected by state legislatures.

Distinguish government, seen as “the rules of the game,” from politics, the process by which decisions are made. Also explain other basic concepts such as power and authority. Differentiate between the opposing sides in the battle to ratify the Constitution.

Explain the differences between the Federalists and the Anti-Federalists. Explain the process by which the Constitution can be amended. Describe the ways in which amendments to the Constitution can be introduced and ratified. 2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical

and contemporary context Review with your class the central tenet of American constitutionalism: that all lawful power

derives from the people and must be held in check to preserve their freedom. In the beginning, only a few explicit limitations on the exercise of governmental power were thought necessary. It was generally believed that personal freedom could be more readily secured throughout the decentralization of power rather than by express command. From thinkers such as France’s Baron de Montesquieu, the framers had derived the notion that centralized power meant tyranny, and human rights could best be preserved by fragmenting power and distributing it to competing factions. In the constitutional model the framers chose, the separation of powers exists both vertically (federal, state, and local authority) and horizontally (legislative, executive, and judicial branches). The framers’ goal was that no department, branch, or level of government be allowed to dominate all others. Review The Federalist Nos. 10, 28, 41, 47, and 51.

The Constitutional Convention chose not to include a Bill of Rights in the Constitution, generally because of the belief that Congress did not have the powers circumscribed in the Bill of Rights, such as the power to curtail the free exercise of religion. (See The Federalist No. 84.) Those who opposed the Constitution focused on the absence of a Bill of Rights, and many of the leading proponents, such as Jefferson, urged amendment of the Constitution to include a Bill of Rights.

It is important for students to understand that our nation is not strictly based on democratic principles. For we also understand there are some areas where individuals do not have to abide by the will of the majority. But when do individual rights have precedence? Judge Robert Bork, among others, has attempted to explain the seeming anomaly of strongly held personal freedoms in a democratic society where majority rules. Writing in 47, Indiana Law Journal, 1 (1971), Bork explains that even in our Madisonian system of majoritarianism, there is a countermajoritarian premise, in that the system assumes that there are some areas of life a majority should not control. There are some things a majority should not do to its people no matter how democratically it decides to do them. These are the areas left by our Constitution to individual decision making. According to Bork, under the Constitution the Supreme Court has the power to define what areas are left to individual decision making. Society consents to be ruled undemocratically within defined areas by certain enduring principles believed to be stated in, and placed beyond the reach of majorities, by the Constitution. But the Supreme Court’s power is only legitimate if it has a valid theory, derived from the Constitution, of the respective spheres of majority and minority freedom. If judges stray from the Constitution, their decisions are not entitled to legitimacy.


28


An interesting lecture can be developed around the topic “Which Road to Constitutional Revision: Interpretation or Amendment?” The central thesis here might well be that the difficulty of our amendment process makes it imperative that many changes in governmental powers be made through interpretation. Examples of this kind of change can be drawn from legislation that is based on the power to regulate interstate commerce. The framers could not have anticipated such contemporary issues as automobile theft, interstate prostitution, kidnapping, bank robbery, hotel discrimination, or collective bargaining. Yet by a broad interpretation of the Constitution, we have justified laws dealing with these matters under the commerce clause. Using the power to “lay and collect taxes” as our base, we have built highways, given college scholarships, curbed the sale of sawed-off shotguns and narcotics, regulated gambling, and tried to expel students who brought firearms to school. Compared to this kind of interpretation, the formal changes embodied in the amendments are often minor. In fact, by the time that an amendment secures majority support in three-fourths of the states, the amendment usually confirms common practice. For example, slavery was abolished by the Union Army and the Emancipation Proclamation; women’s suffrage was widespread before the Nineteenth Amendment was added; prohibition existed in many areas before the Eighteenth Amendment; the poll tax had become a relatively minor barrier to black voting before the Twenty-Fourth Amendment. Although the ERA amendment failed, equal rights for women have increased. The conclusion might stress the viability of the Constitution and the political genius of the American people that makes it possible to adapt to the changing world within the framework of this eighteenth-century document. Stress might also be placed on the fact that our government is in a state of perpetual evolution, but because of the barriers against rule by a bare majority, most changes do not occur until an overwhelming majority of the people are in agreement. In other words, we normally approach consensus on the street before amendments are enacted. As a practical matter, most amendments are a kind of “mopping up” operation that affect only the holdouts against change.

DRAFTING A CONSTITUTION Students generally take for granted the fundamental principles contained in the

Constitution. A lecture can be built around some of the basic questions that the framers of the Constitution faced:

i. How can individual rights be balanced against the will of the majority? ii. What should be the role of the federal government in regulating individual

states? iii. Who should be able to vote? iv. What should be the role of the national executive? v. Should the Constitution contain a Bill of Rights?

vi. How should the national executive be selected? Return to Chapter 2: Table of Contents


29


IV. Student Assignments Post-Lecture A. Class Discussion 2.1 Explain the reasons for the spread of democratic ideals before and during the

Revolutionary War Define the term “consent of the governed.” Argue whether or not this concept truly fits the

U.S. government system in practice. What did Ben Franklin mean when he observed that the writing of the Constitution created

“A republic, if you can keep it”? How does Locke’s identification of natural law fit with the law and government actions of

today? For a discussion question, ask students to interpret the modern meaning of the phrase “life,

liberty, and pursuit of happiness.” Using an overhead projector or the blackboard, list the various interpretations and note how many times there is agreement as well as disagreement.

For an extended discussion, ask students to compare the goals of the Declaration of Independence, especially the phrases “all men are created equal” and “life, liberty, and the pursuit of happiness” to the goals of the failed Equal Rights Amendment. Ask students to debate whether the goals expressed in each are incompatible or similar.

For an alternative discussion, ask students why minority rights are important. What type of minorities was Madison concerned about? Are minority rights still important in U.S. politics? Ask students to provide specific historical and contemporary examples of “minorities” seeking to protect their rights. How is the political system structured to “balance” minority and majority rights? What values are served by this balance: efficiency, equality, representation?

How do the Sons of Liberty compare to groups that protest government policies today like the Tea Parties?

When are citizens justified in using violence against their government? Was Jefferson right that “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants”?

As with the more general question of slavery, the Three-Fifths Compromise raises the dilemma of pragmatism versus idealism. Slaves had no vote, of course, and were legally designated as property, but were to be counted as three-fifths of a person in determining population size.

Theoretically, what’s the best size for a district if the representative is to truly know and represent his or her constituents?

How much of a role should the average citizen play? Is it enough to vote and then rely on your representative to use his or her own judgment?

Is our democracy a democracy in the truest sense of the word? Support your answer. If the framers wanted to protect the American people from too much government, how well

did they do? Why is an active, committed citizenry necessary to make democracy work?


30


Ask your students how the Declaration of Independence states that all men being created equal, endowed with inalienable rights, and the Constitution can talk about securing the blessings of liberty, at a time when America was a nation of slaveholders.

Discuss if the students believe whether or not the people have the right to alter or abolish the U.S. government.

Cite a current example of checks and balances put to use. Did the system work as it was designed to in your example? If so, how? If not, why?

2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to

the drafting of a new Constitution What were the major areas of agreement and disagreement at the Constitutional Convention

of 1787? What were the most important compromises achieved by the delegates to the Constitutional

Convention of 1787? What are the basic principles of government established by the Constitution? What are the three main branches of American government? Why did the framers believe it was so important to create a “separation of powers”? What is meant by the term “checks and balances”? What is the nature and importance of “judicial review”? Why does the meaning of the Constitution evolve over time? What is the process through which formal changes to the Constitution are made? What were the most important arguments for and against the ratification of the Constitution? 2.3 Analyze the key proposals made by Constitutional Convention delegates and the

major components of the final document Discuss the idea that the Republicans disliked the decision in Marbury v. Madison, not

because it sustained the power of the Court to determine the validity of Congressional legislation, but because Jefferson disliked the alleged invasion of his executive prerogative.

How did the Great Compromise uphold the interests of both large and small states? What were the weaknesses of the Articles of Confederation that led to the need for a new government?

What factors encouraged the colonists to support the revolution? What does each term mean: power, authority, and legitimacy? Explain these terms in the

context of a specific government decision (real or hypothetical). What were the Anti-Federalists’ main objections to ratifying the Constitution? How did the

Federalists overcome these objections? Which of the plans prior to the 1787 Constitution do you believe had the most impact upon

the final version? Why? Do the economic and financial difficulties experienced by the United States prior to

nationhood differ substantially from those experienced today? In what ways? Identify the specific motives of the 55 men who met in Philadelphia to revise the Articles of

Confederation. What are the defining characteristics of a constitutional government?


31


How did the history of American politics before 1787 shape the nature of the Constitution? What did John Adams mean when he wrote in 1818 that the “radical change in the principles,

opinions, sentiments, and affections of the people was the real American Revolution”? How did the Second Continental Congress attempt to use the Declaration of Independence to

build a nation? What role did Shays’ Rebellion play in the Founding Fathers’ decision to revise the Articles

of Confederation? Why did the Founding Fathers decide to replace the Articles of Confederation with the

Constitution? How did the Great Compromise and the Three-Fifths Compromise resolve divisions over

representation in Congress? How did the authors of The Federalist Papers address the concerns raised by the Anti-

Federalists? How did the composition of the membership of the delegates to the Constitutional

Convention explain the provisions dealing with slavery in the constitution? Why did the delegates not use the term slavery in the Constitution? What defects in the Virginia Plan and New Jersey Plan did the Connecticut Compromise resolve? 2.4 Outline the process for amending the Constitution and identify the liberties that the

amendments have strengthened Start class with the question: “If there were to be a constitutional convention today, what

would it look like and how would it differ from the one in the 1780s?” Have students link the changes discussed to demography, ideology, political culture, and other topics discussed in this chapter.

In what areas, if any, might our Constitution be considered outdated today? Are there any of the Bill of Rights or Amendments that do not make sense or that need updating in the twenty-first century? Why/Why not?

The major thrust of Marshall’s rationale in Marbury v. Madison is that judicial review does not mean that there is any special judicial guardianship of constitutional norms, but rather that it is the courts’ duty to decide cases before them in accordance with the relevant law. Marshall’s justification for his assertion for federal judicial power to interpret and apply the Constitution, though generally accepted, is not conclusive. Critics suggest that the premise of a written Constitution would not be disserved, and the legislative power would be enhanced, if Congress itself were free to judge the constitutionality of its own enactments. Under such a system, the argument goes, courts would simply treat the legislative interpretation as definitive, and thus leave to Congress the task of resolving apparent conflicts between its own statutes and the Constitution. Would such a system be workable? Is such a system clearly prohibited by the Constitution?

If the Supreme Court upholds the constitutionality of a federal statute, may the president refuse to enforce it because he believes it to be unconstitutional? May he still refuse to enforce it if the Supreme Court has upheld the constitutionality of the statute? If Congress forbids the president from taking certain action, may he do so on the ground that Congress’ restriction is unconstitutional? Can he still do so after the Supreme Court has upheld its constitutionality?


32


In the opinion of the class, is the “original intent” or “contemporary ratification” philosophy toward the U.S. Constitution more valid? Which of these two theories is more likely to play itself out in today’s political culture? Which justices are most likely to favor original intent? Contemporary ratification? Do presidential Supreme Court nominations play a role in this? If so, which party is more likely to appoint a justice favoring original intent? Contemporary ratification? Is it likely this debate will continue on for the foreseeable future? If so, how will the debate itself change the way the Constitution is interpreted in the future?

Ask your class: “If the Constitution could be changed in any way, what changes would you like to see?” Some possibilities are as follows: Guarantees of new rights (right to a job, right to privacy, right of sexual preference,

right to decent housing or medical care). Changes in the structure of the executive branch (a six-year term, more vice

presidents to handle ceremonial chores, review of presidential candidates by teams of psychologists, presidents chosen from and responsible to Congress).

Changes in the Congress (limit the number of terms, lengthen the term of House members, reform campaign finance, such as publicly funding campaigns, use public referenda to settle major policy disputes).

Changes in the federal system (abolition of states, new regional governments with rational borders, clear division of government programs between national and state governments).

In the modern era of “government in the sunshine,” raise the possibility of a group of distinguished Americans secretly rewriting the Constitution today, especially given the intense scrutiny of the modern media.

Thomas Jefferson once advocated that a new Constitution be adopted by every generation so that it belonged to the living rather than the dead. So would you approve of an automatic Constitutional Convention every 30 years? Why or why not? If 30-year conventions did become the norm, how would the symbolic value of the Constitution be affected?

How can the Constitution be changed? Why did the founders make the process so that it is very difficult to amend the Constitution?

Why didn’t the founders require unanimous agreement from the states for the Constitution to go into effect as the law of the land?

How have the constitutional “rules of the game” changed in the past 200 years? What structural factors have been significant in leading to changes in constitutional rules? Have these changes contributed to a more democratic form of government, or have they increased the dangers of majority tyranny?

What methods are in place to protect the transfer of power in the U.S. government? What steps help to prevent violent coups

How can judicial interpretation be used to change the meaning of the Constitution? 2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical

and contemporary context Discuss judicial review in other nations, such as Great Britain, where the Magna Carta is

roughly described as a constitution but where the acts of Parliament are not reviewable. Discuss the merits of the argument raised by noted constitutional scholar Erwin

Chemerinsky: that for the Constitution to remain a vital and growing document, the Supreme


33


If you, as students, were delegates from [the state in which this class is conducted], and without the experience of the past 200 years with the Constitution, which constitutional proposal would you have supported? The Virginia Plan? The New Jersey Plan? The Connecticut Compromise? Why, in any instance?

Upon reading Charles Beard’s “An Economic Interpretation of the Constitution,” how do you feel about his conclusions? In your understanding of today, are his conclusions justified? Why?

If judicial review had not been adopted under Marshall, what other means would exist in the United States to determine questions concerning constitutional interpretation?

Argue which branch of government should have actual war power. Why? Should this power remain separated? Does separating this power cause any ineffectiveness or danger?

Consider, for the moment, that the Constitution was not ratified and the Articles of Confederation were maintained, though some changes were made. What changes were essential? What kind of government system would we now have? Compare and contrast it to the current European Union.

What is the most important item in the U.S. Constitution? Why? What new amendments to the U. S. Constitution might be appropriate today? To those who argued that federal judges, appointed for life, would not be bound by the

Constitution, Alexander Hamilton wrote in The Federalist No. 78 that the judiciary would “be bound down by strict rules and precedents.” Has this proven to be a valid observation?

It often surprises students to learn that Great Britain has no written constitution. Call for class discussion of how democracy can exist in a nation with no written constitution. Broaden the question to include unwritten aspects of the U.S. Constitution.



34


B. Class Activities 2.1 Explain the reasons for the spread of democratic ideals before and during the

Revolutionary War Ask your class to speculate on what might have happened to the American experience if

southern delegates to the Constitutional Convention had walked out over the issues of slavery, representation, or commerce.

Read the article “The Constitution and Slavery” at http://www.crf-usa.org/lessons/slavery_const.htm from the Constitutional Rights Foundation, and have students debate the “Points of Inquiry” at the end of the page.

Reach a consensus in class on which of the Founders contributed “the most” to the early government’s founding and stabilization.

Have students debate whether democracy is possible without private ownership of property. Ask students to debate whether property ownership should be a prerequisite for voting. 2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to

the drafting of a new Constitution Role-play a new constitutional convention. Assign groups of students to play the various

parts. The Constitution establishes the rules of the political game. These rules decentralize power

rather than consolidating power in the hands of the executive or the legislature. Ask your students to debate the following questions: Would American government be more efficient if power were concentrated within a single branch of government? Would it be more effective?

The delegates to the Constitutional Convention constituted an educational and economic elite—they were not the “common man.” Ask your students to consider whether an elite can be representative of people from other strata in society. Expand the question to consider contemporary problems, such as racism and poverty.

Ask students to identify which features of the Constitution reflect a distrust of democracy. Who didn’t the framers trust? Do we have similar beliefs today?

One of the central themes of American history is the gradual democratization of the Constitution. Ask your class to evaluate this statement and to either substantiate or refute it.

For an alternative essay assignment, have the students defend the importance of the Bill of Rights. In particular, they should explain why, if the Bill of Rights was so important, it was not contained in the original Constitution. Finally, ask them if the Bill of Rights would have been more or less powerful had it been included in the original document.

Have students play the roles of royalists and revolutionaries and debate whether to go to war against Great Britain. For information on the royalists (or “loyalists”), see http://en.wikipedia.org/wiki/Loyalist_%28American_Revolution%29#Background_and_motivation_of_Loyalists

Assign students to be representatives to the Constitutional Convention from different states. Debate the plans for determining representation in Congress, and for including slaves as part of the population.


35

http://www.crf-usa.org/lessons/slavery_const.htm

http://www.crf-usa.org/lessons/slavery_const.htm

http://en.wikipedia.org/wiki/Loyalist_%28American_Revolution%29%23Background_and_motivation_of_Loyalists

http://en.wikipedia.org/wiki/Loyalist_%28American_Revolution%29%23Background_and_motivation_of_Loyalists


Have the class read together Federalist No. 51. Discuss how Madison assumes that human nature is self-interested and uses that to determine the best structure for government: “Ambition must be made to counteract ambition.” Is Madison’s assumption correct?

Assign students to be Federalists and Anti-Federalists and debate the need for a Bill of Rights.

Name that term:

First Constitution of the United States: _______________ This was a series of armed attacks in 1787 to protest farm foreclosures:

_____________________ This is a system of government based on the consent of the governed on which

representatives of the public exercise power: ____________ These people opposed ratification of the Constitution: ___________________ These are rights that are not granted by the government but are natural:

________________________ Madison suggested that these would preserve liberty: ____________________ This power was assumed by the Supreme Court as a result of the case of Marbury v.

Madison: _________________________ Divide students into groups and have them participate in the Constitution Treasure Hunt at

http://www.constitutionfacts.com/content/funZone/files/TreasureHunt1.pdf. The first group to complete the treasure hunt wins the exercise (a small prize of some sort might be provided). Once the treasure hunt is completed, have students test their Constitution IQ at http://www.constitutionfacts.com/index.cfm. Have students compare their scores with others in their home state.

Ask your class to list specific examples of the application of the concepts of separation of powers and checks and balances among the legislative, executive, and judicial branches. Using modern presidencies as a reference, students should evaluate whether the checks and balances designed by the Framers of the Constitution are adequate to prevent the abuse of executive power. Have the students critique both the original Constitution of 1789 and today (with amendments), utilizing the three principles—for example, popular sovereignty (mechanisms for selection of officials, terms of office, etc.); political equality (voting rights, etc.); and political liberty (personal freedoms, especially in Bill of Rights). How well did/does the Constitution promote these values? Then, after demonstrating that even the revised document of today falls short of democratic ideals, hold a “Class Constitutional Convention” suggesting reforms that would make it more democratic—and have the student-delegates defend their proposed changes on the basis of these principles.

Delegates to the Philadelphia convention were instructed to propose revisions to the Articles of Confederation, but they wrote an entirely new constitution instead. Ask your students to consider what their reactions would be today if a commission or panel were to take similar action in exceeding their authority. You may want to assign a brief persuasive essay in which students take a position on this question. The goal of the student author is to persuade a mythical reader, John or Jane Q. Public, to accept his or her evaluation of the situation.

The struggle to ratify the Constitution was intense. The eventual ratification of the Constitution may be partly attributed to the case made by the Federalists. You might divide


36

http://www.constitutionfacts.com/content/funZone/files/TreasureHunt1.pdf

http://www.constitutionfacts.com/index.cfm


the students in to groups and have them analyze the purpose and importance of The Federalist Papers located in the appendices of Greenberg and Page.

2.3 Analyze the key proposals made by Constitutional Convention delegates and the

major components of the final document Role-playing can greatly aid in developing students’ understanding of people and events. In

this instance, seek volunteers (perhaps even with the offer of extra credit) to research the backgrounds and character of some of the Founders. Set up a panel of these individuals, and arrange a “press conference” with the rest of the students asking the “Founders” questions concerning past or present.

DEBATING THE BILL OF RIGHTS Organize the students into two groups. Ask them to pretend they are Constitutional

Convention delegates and have them debate the following issue: “Resolved: That the United States Constitution should contain a Bill of Rights.” Those opposing the inclusion of a Bill of Rights should read The Federalist No. 84; those favoring the inclusion of a Bill of Rights should read B. Schwartz, The Bill of Rights: A Documentary History, pp. 435–450.

CONSTITUTIONAL CONVENTION Organize the students into delegations to the Constitutional Convention (Virginia,

Pennsylvania, New Jersey, South Carolina). For voting purposes the first two can be considered as large states; the latter two as small states. Discuss and vote on the following proposals offered to the Convention:

i. All adult males should be permitted to vote. ii. The Convention should restrict its deliberations to revision of the Articles.

iii. The Congress shall consist of a single house. iv. All states should have equal representation in the Congress. v. National taxes may be levied on the basis of the total population of a state.

vi. The right to import and own slaves shall be preserved forever. vii. Congress shall have unrestricted authority over foreign and interstate trade.

viii. Congress shall choose the president. Simulate the Constitutional Convention. Assign roles based on the discussion in the

chapter to capture the spectrum of interests and important individuals involved in the Constitutional Convention. Each student will receive a profile of the role they have been assigned one class in advance. Then in class, play out the simulation over one or two class periods, finishing the simulation by regrouping and comparing outcomes achieved through group interaction with actual outcomes. This simulation could also be held at forums outside of the classroom, such as an after-school program or at a senior citizen center, with a discussion or question-and-answer session to follow.

2.4 Outline the process for amending the Constitution and identify the liberties that the

amendments have strengthened Role-play the proposal and adoption of a constitutional amendment. Divide the class into a

House of Representatives, Senate, interest groups, a president, and other actors as appropriate.


37


As a short essay assignment, have the students discuss how they might change the Constitution. What amendments would they change or take out? Are there any amendments they feel need to be added to the Constitution?

THE INFLUENCE OF THE TWELFTH AMENDMENT: Have all students read Article II, Section I of the Constitution on the Electoral College. Next, have them read the Twelfth Amendment to discover the changes of 1804. In small groups, have the students prepare a report on the differences brought about by the Twelfth Amendment.

REFORMS FOR ELECTION In duplicated form, furnish students with three examples of the electoral vote, the

total popular vote, and the total electoral vote. For this purpose the results of 1948, 1960, 1968, and 2000 will be particularly pertinent. Next, have students revise the vote of these four presidential years, using alternate formulas described below:

Automatic Plan: This would eliminate the Electoral College as such but would use the same formula for awarding a state’s vote. While it would prevent “maverick” electors, it would change nothing else.

Run-Off Plan: Retaining the electoral system, it would provide for a run-off election of the top two candidates, if no one gained a majority in the first election.

Proportional Plan: One version would apportion electoral votes in relation to popular vote. That is, if the Democratic presidential candidate secured 60 percent of a state’s popular vote, that candidate would be given six of the state’s ten electors, rather than all ten as at present.

Congressional District Plan: Electors would be elected by a majority vote in congressional districts, with statewide elections for two electors. (Students will be unable to figure this exactly but should assume that the vote for electors would have been the same as that for the House.)

Direct Popular Election: The total national vote would be used to determine the winner, without regard to district or state lines.

First have students make a list of pros and cons of fixed terms and lifetime terms for federal judges. Have students discuss their lists with the class. Then ask students what difference, if any, it would make if federal judges were to serve fixed terms rather than have lifetime tenure.

Provide examples of checks and balances in your college or work environments. Analyze whether or not this principle works to achieve its purpose.

Have students propose a constitutional amendment and a strategy for getting it adopted. Have students write a constitution for a democratic country. Have them explain their choices about organization and content.

2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical

and contemporary context Compare your state’s constitution to the federal constitution, listing three key differences. Select an extremely controversial topic—national, state, or local—and outline options for the

topic’s resolution. Have the students resolve, through discussion, the problem by compromise. This is a fine means of demonstrating the use of civil discourse to problem resolution.



38


C. Research Assignments 2.1 Explain the reasons for the spread of democratic ideals before and during the

Revolutionary War Assign students to read John Locke’s The Second Treatise on Government and to write a

report on its influence on the Constitution. Have students consider one proposed constitutional amendment and then have them write a

position paper either for or against that proposed amendment. 2.2 Identify the weaknesses of the Articles of Confederation and illustrate how they led to

the drafting of a new Constitution Have students compare the views of the Federalists and Anti-Federalists in some detail. Have

them read several papers written by each (all are available for free on the Web). Have students write a paper about the Articles of Confederation. The classic assignment is to

write about the deficiencies of the Articles, however, it could be more challenging to ask them to discuss its positive attributes!

Have students write a paper explaining the organization of the Constitution. Among the topics they should cover are: What is the purpose of the Preamble? Why are the articles in their specific order (i.e. Article I comes first . . .)? Why are the branches of government dealt with in separate articles? And so on . . .

Assign students to write a brief summary of the Articles of Confederation. Have students summarize The Federalist No. 51. 2.3 Analyze the key proposals made by Constitutional Convention delegates and the

major components of the final document Assign students to read and report on a biography of James Madison. Assign students to do a report on various Constitutional Convention proposals that did not

make their way into the final Constitution, including why they were defeated. Have students watch the classic School House Rock videos on Colonialism, the Revolution,

and the Preamble of the Constitution at the URLs provided below. Once they have watched these videos, have them create a short presentation (video, PowerPoint, etc) that explores some important aspect of the Constitution that they would like to teach the class about. Have students present their work to the entire class.

As a library research project, assign each student (or a group of students, if your classes are large) to review a specific provision of the Constitution. Students should be prepared to report in class on how the document has changed and evolved, through both formal and informal means. Give each group some hints or suggestions of ideas to examine; for example, you may want to ask one group to determine to what extent certain constitutional changes deviate from what the Framers intended as republicanism.

Have your students find copies of three Anti-Federalist Papers on the Web. Ask them to write a short paper or prepare oral presentations about what this country would have looked like had the Anti-Federalists “won” their points in the ratification debate and the writing of the Constitution.


39


2.4 Outline the process for amending the Constitution and identify the liberties that the

amendments have strengthened Political Scientist Larry Sabato has proposed a new constitutional convention

(http://amoreperfectconstitution.com/). Select any one of his proposed ideas and write a short list of pros and cons for this idea.

Find the written constitution of your state and compare and contrast it to the American Constitution. Take note of the governmental institutions it creates, the functions they perform, and whether or not something comparable to the Bill of Rights is included.

Research the new Iraqi constitution. What similarities and differences can you identify between it and the U.S. Constitution?

Assign students the task of finding contemporary constitutional amendment proposals and ascertaining their political likelihood of being passed by Congress and ratified by the states.

STUDYING THE CONSTITUTIONAL AMENDMENTS: Have the students, individually or in groups, prepare reports on some of the constitutional amendments which will not be discussed at length elsewhere in this course, such as the Nineteenth Amendment, the Twenty-Second Amendment, the Twenty-Fourth Amendment, and the Twenty-Fifth Amendment.

Every year, a number of constitutional amendments are proposed by members of Congress. Have students use the Internet to research a number of proposed constitutional amendments and discuss why they have been proposed, what process they need to go through, and what their chances of passage are.

2.5 Evaluate the strengths and the weaknesses of the U.S. Constitution in both historical

and contemporary context Compare countries with different economic systems on various measures of economic

development and social equality. Look at sites that display measures such as infant mortality rates, and health and education expenditures, such as http://www.unfpa.org/swp/2006/english/notes/indicators/e_indicator2.pdf.

Have students read about Charles Beard’s analysis that claims the personal economic interests of the founders led them to establish a government that would serve those interests, along with criticisms of his analysis. Try this site to start: http://www.common-place.org/vol-02/no-04/reviews/holton.shtml

Look at several popular political blogs. You might try these: http://www.talkingpointsmemo.com/ http://www.wonkette.com/ http://www.dailykos.com/ http://alittlemoretotheright.com/blog/ Do you think a set of essays like The Federalist Papers could be spread by blogs

today to start a major political debate? Have your students use the Internet to find the Constitutions of at least two other

democracies and one alternative form of government. Have them compare and contrast these documents and explain either orally or in writing why they are similar or different.

Many states have already formally asked for a new Constitutional Convention for a variety of reasons, including issues such as a balanced budget, abortion, and declining morals. If only


40

http://amoreperfectconstitution.com/

http://www.unfpa.org/swp/2006/english/notes/indicators/e_indicator2.pdf

http://www.common-place.org/vol-02/no-04/reviews/holton.shtml

http://www.common-place.org/vol-02/no-04/reviews/holton.shtml

http://www.talkingpointsmemo.com/

http://www.wonkette.com/

http://www.dailykos.com/

http://alittlemoretotheright.com/blog/


three or four more make the request, we could have a new convention. Have students research calls for a new convention. Why have certain states requested a convention? Why have others not? They should then discuss who would be chosen as delegates, how they would be chosen, and what the results would be. Remind them to consider the vastly different role of the media in today's society, as well as the size and demographic changes in the country. You can also use this opportunity to help them understand how to evaluate the biases of various websites—many of the sites surrounding the need for a new Constitutional Convention have quite obvious biases!

There are several philosophies around the world about the nature of a constitution. Some countries view constitutions as goals to which we should aspire, others consider them to be a “snapshot” of how a system looked at a given time, and others use a constitution primarily as a propaganda instrument. Where does the U.S. Constitution fit in, and what implications does that have for the nature of our political system?



41


V. Quantitative Assessment Administer Chapter Exam (see Test Bank, Chapter 2) Return to Chapter 2: Table of Contents


42


VI. Resources for Further Study A. Books 1. Ackerman, B. A. (1991). We the People. Cambridge: Harvard University Press. 2. Alinsky, S. (1972). Rules for Radicals: A practical primer for realistic radicals. New York:

Random House. 3. Amar, A. R. (2000). The bill of rights: Creation and reconstruction. New Haven: Yale

University Press. 4. Amar, A. R. (2006). America's Constitution: A biography. New York: Random House Trade

Paperbacks. 5. Bailyn, B. (Ed.). (1993). The debate on the constitution Pt. 1: September 1787–February

1788. New York: Library of America. 6. Barnett, R. E. (2004). Restoring the lost constitution: The presumption of liberty. Princeton:

Princeton University Press. 7. Beard, C. A. (1913). An economic interpretation of the constitution of the United States. New

York: Macmillan. 8. Becker, C. L. (1942). The declaration of independence: A study in the history of political

ideas. New York: Vintage. 9. Bennis, W., & Biederman, P. W. (1997). Organizing genius: The secrets of creative

collaboration. Reading: Addison Wesley. 10. Berkin, C. (2003). A brilliant solution: Inventing the American constitution. Orlando:

Harcourt. 11. Bok, D. (2001). The trouble with government. Cambridge: Harvard University Press. 12. Bowler, S., & Donovan, T. (2001). Demanding choices: Opinion, voting, and direct

democracy. Ann Arbor: University of Michigan Press. 13. Breyer, S. (2006). Active liberty: Interpreting our democratic constitution. New York: Knopf 14. Burns, J. M. (1982). The vineyard of liberty. New York: Knopf. 15. Burns, J. M., & Burns, S. (1991). A people’s charter: The pursuit of rights in America. New

York: Knopf.


43


16. Caplan, R. L. (1988). Constitutional brinksmanship: Amending the constitution by national convention. New York: Oxford University Press.

17. Coles, R. (2000). Lives of moral leadership: Men and women who have made a difference.

New York: Random House. 18. Dahl, R. A. (1989). Democracy and its critics. New Haven: Yale University Press. 19. Dahl, R. A. (2002). How democratic is the American constitution? New Haven: Yale

University Press. 20. de Tocqueville, A., & Phillips B. (Eds.) (1951). Democracy in America. New York: Knopf. 21. Draper, T. (1996). A struggle for power: The American revolution. New York: Times Books. 22. Edling, M. M. (2008). A revolution in favor of government: Origins of the U.S. Constitution

and the making of the American state. Oxford: Oxford University Press. 23. Ellis, J. J. (2000). Founding brothers: The revolutionary generation. New York: Knopf. 24. Epstein, D. F. (1984). The political theory of the federalist. Chicago: University of Chicago

Press. 25. Farrand, M. (Ed.). (1966). The records of the federal convention of 1787, 4 vols (rev. ed.).

New Haven: Yale University Press. 26. Guinier, L. (1994). The tyranny of the majority: Fundamental fairness in representative

democracy. New York: Free Press. 27. Gutzman, K. (2007). The politically incorrect guide(tm) to the constitution. Washington, DC:

Regnery Publishing, Inc. 28. Hamilton, A., Jay, J., & Madison, J. (1901). Federalist: A commentary on the constitution of

the United States, being a collection of essays. New York: Global Affairs Publishing Company.

29. Hamilton, A., Madison, J., & Jay, J. (1961). The federalist papers. In R. Clinton (Ed.). New

York: New American Library. 30. Holton, W. (2007). Unruly Americans and the origins of the constitution. New York: Hill and

Wang. 31. Jillson, C. C. (1988). Constitution making: Conflict and consensus in the Federal Convention

of 1787. New York: Agathon.


44


32. Kammen, M. (1987). The machine that would go by itself: The constitution in American culture. New York: Knopf.

33. Kernell, S. (2003). James Madison: The theory and practice of republican government.

Stanford: Stanford University Press. 34. Ketcham, R. (Ed.). (1986). The anti-federalist papers and the constitutional convention

debates. New York: New American Library. 35. Kyvig. D. E. (1998). Explicit and authentic acts: Amending the U.S. Constitution, 1776–

1995. Lawrence: University Press of Kansas. 36. Levin, D. L. (1999). Representing popular sovereignty: The constitution in American

political culture. Albany: State University of New York Press. 37. Levinson, S. (2006). Our undemocratic constitution: Where the constitution goes wrong (and

how we the people can correct it). Oxford: Oxford University Press. 38. Levy, L. W. (2001). Origins of the bill of rights. New Haven: Yale University Press. 39. Lipset, S. M. (1963). The first new nation. New York: Basic Books. 40. Maddex, R. L. (2002). The U.S. Constitution A to Z. Washington, DC: Congressional

Quarterly Press. 41. Manley, J. F., & Dolbeare K. M. (Eds.). (1987). The case against the constitution. Armonk:

M.E. Sharpe. 42. McCullough, D. (2002). John Adams. New York: Simon & Schuster. 43. McDonald, F. (1986). Novus ordo seclurum: The intellectual origins of the constitution.

Lawrence: University Press of Kansas. 44. McGuire, R. A. (2003). To form a more perfect union: A new economic interpretation of the

United States Constitution. Oxford: Oxford University Press. 45. McLaughlin, A. (2003). The foundations of American constitutionalism. Union: Lawbrook

Exchange. 46. Meese, E. (2005). The heritage guide to the constitution. Washington, DC: Regnery

Publishing, Inc. 47. Monk, L. (2003). The words we live by: Your annotated guide to the constitution. New York:

Hyperion.


45


48. Morgan, E. S. (1992). The birth of the republic: 1763–89. Chicago: University of Chicago Press.

49. Morris, R. B. (1985). Witnesses at the creation: Hamilton, Madison, Jay and the constitution.

New York: Holt, Rinehart, and Winston. 50. Paine, T. (1995). Paine, collected writings: Common sense; the crisis; rights of man; the age of

reason; pamphlets, articles and letters. In E. Foner (Ed.). New York: Library of America. 51. Peltason, J. W., & Davis, S. (2000). Understanding the constitution (15th ed.). Belmont:

Wadsworth. 52. Peters, W. (1987). A more perfect union: The making of the U.S. Constitution. New York:

Crown. 53. Powell, J. (2002). A community built on words: The constitution in history and politics.

Chicago: University of Chicago Press. 54. Rakove, J. N. (1997). Original meanings: Politics and ideas in the making of the

constitution. New York: Vintage. 55. Riker, W. (1996). The strategy of rhetoric. New Haven: Yale University Press. 56. Rossiter, C. (1966). 1787: The grand convention. New York: Macmillan. 57. Simmons, A. J. (1994). The Lockean theory of rights. Princeton: Princeton University Press. 58. Simon, J. (2002). What kind of nation? Thomas Jefferson, John Marshall, and the epic

struggle to create the United States. New York: Simon & Schuster. 59. Stewart, D. O. (2007). The summer of 1787: The men who invented the constitution. New

York: Simon & Schuster. 60. Sundquist, J. L. (1986). Constitutional reform and effective government. Washington, DC:

Brookings Institution Press. 61. Sunstein, C. R. (2001). Designing democracy: What constitutions do. New York: Oxford

University Press. 62. Vile, J. R. (1991). Rewriting the United States Constitution: An examination of proposals

from reconstruction to the present. New York: Praeger. 63. Whittington, K. (1981). Constitutional construction: Divided powers and constitutional

meaning. Cambridge: Harvard University Press. 64. Wills, G. (1981). Explaining America: The fedralist. Garden City: Doubleday.


46

http://search.barnesandnoble.com/booksearch/results.asp?ATH=David+O%2E+Stewart&z=y


65. Wood, G. (1969). The creation of the American republic, 1776–1787. Chapel Hill:

University of North Carolina Press. 66. Wood, G. S. (2007). Revolutionary characters: What made the founders different. New

York: Penguin. Return to Chapter 2: Table of Contents B. Articles 1. Appleby, J. (1987, December). The American heritage: The heirs and the disinherited.

Journal of American History, 74(3), 798–813. 2. Burns, J. M. (1977, March). Wellsprings of political leadership. American Political Science

Review, 71(1), 266–275.. 3. Butterfield, K. (2000, July 4). What you should know about the declaration of Independence.

St. Louis Post Dispatch. 4. Chemerinsky, E. (1990, November). Stunting the constitution’s growth. Trial . 5. Corwin, E. S. (1936, December).The constitution as instrument and as symbol.” American

Political Science Review,70(6), 1071–1085. 6. Cronin, T. E. (1984, Winter). Thinking and learning about leadership. Presidential Studies

Quarterly, 14(1), 22–34. 7. Dahl, R. A. (1977, Spring). On removing certain impediments to democracy in the United

States. Political Science Quarterly, 92(1), 1–20. 8. Diamond, A. S. (1981, Summer). A convention for proposing amendments: The

constitution’s other method. Publius: The Journal of Federalism, 11(3–4), 113–146. 9. Diamond, M. (1975, Fall). The declaration and the constitution: Liberty, democracy, and the

founders. The Public Interest. 10. Edel, W. (1982). Amending the constitution by convention: Myths and realities. State

Government, 55. 11. Fisher, L. (2006). The “Unitary Executive”: Ideology Versus the constitution. Conference

Paper presented at the Annual Meeting of the American Political Science Association. 1–17 (AN 26944467).

12. Fishman, N. (1989, October–December). Extending the scope of representative democracy.

Political Quarterly .


47


13. Hirst, P. (1988, April–June). Representative democracy and its limits. Political Quarterly,

59(2), 190–205. 14. Jillson, C., & Eubanks, C. L. The political structure of constitution-making: The federal

convention of 1789. American Journal of Political Science, 28(3). 15. Liapakis, P. (1995, November). Our oath: Defending the constitution. Trial. 16. Mansfield, H. (1987, Winter). Constitutional government: The soul of modern democracy.

The Public Interest, 86, 53–64. 17. Manzer, R. (1996, September). Humes’s constitutionalism and the identity of constitutional

democracy. American Political Science Review, 90(3). 18. Olson, K. (2007, April). Paradoxes of constitutional democracy. American Journal of

Political Science, 51(2), 330–343. 19. Roche, J. P. (1961, December).The founding fathers: A reform caucus in action. American

Political Science Review, 55(4), 799–816. 20. Rossum, R. A. (1999, Summer). The irony of constitutional democracy: Federalism, the

Supreme Court, and the Seventeenth Amendment. Preview. San Diego Law Review, 36(3).

21. Sullivan, K. (1995, Fall). Constitutional amendmentitis. American Prospect. 22. Wilson, J. Q. (1979, February). American politics, then and now. Commentary, 66, 39–46. Return to Chapter 2: Table of Contents C. Media 1. 1776. (1972) 2. The Bill of Rights: A Living Document. (1997). Cambridge Educational Production. This film

explores the complexity of individual rights versus the common good. It is available from Films Media Group.

3. The Constitution: That Delicate Balance. (1984). Columbia University Seminars on Media

and Society. A thirteen-part series by Films Incorporated where panelists examine a variety of issues and constitutional interpretations.

4. The Constitution of the United States. (1982). Encyclopedia Britannica Educational

Corporation. Film examining the various elements of the Constitution and the fight for ratification.


48


5. Founding Fathers. The History Channel. Good segments on the Declaration of Independence

and the Constitutional Convention. 6. John Adams. (2008). HBO Films. An award-nominated HBO miniseries on the life of John

Adams and the first fifty years of the United States. 7. John Locke. (2004). Films for the Humanities and Sciences. This film provides a recreation

of John Locke’s conversations for an in-depth view of his principles. 8. The Living Constitution. (2002). Insight Media. Examines how changes are made in the

Constitution to adapt to changes in technology and the population. 9. The Magna Carta. Films for the Humanities and Sciences. This film examines the origins of

the Magna Carta and its contributions to the development of American democracy. 10. Marbury v. Madison. (1977). National Audio Visual Center. Part of an Equal Justice Under

Law Series presentation by National Audio Visual Center depicting a dramatic reenactment of this historic case. Available at http://www.archive.org/.

11. The Patriot. (2000) 12. School House Rock. (1973). No More Kings.

http://www.youtube.com/watch?v=ofYmhlclqr4&feature=related 13. School House Rock. (1973). Shot heard around the world.

http://www.youtube.com/watch?v=7VQA5NDNkUM&feature=related 14. School House Rock. (1973). The Preamble.

http://www.youtube.com/watch?v=Q_TXJRZ4CFc&feature=related 15. Thomas Jefferson: The Pursuit of Liberty. Films for the Humanities and Sciences. An award-

winning examination of the philosophy and life of Thomas Jefferson. Return to Chapter 2: Table of Contents D. Web Resources 1. Annotated Constitution—An annotation of the Constitution in which each clause is tied to

Supreme Court decisions concerning its meaning; done by the Library of Congress. http://www.gpoaccess.gov/constitution/index.html

2. Avalon Project: Notes on the Debates at the Federal Convention. Yale University.

http://avalon.law.yale.edu/ 3. Constitution Finder. University of Richmond. http://confinder.richmond.edu/


49

http://www.archive.org/

http://www.youtube.com/watch?v=ofYmhlclqr4&feature=related

http://www.youtube.com/watch?v=7VQA5NDNkUM&feature=related

http://www.youtube.com/watch?v=Q_TXJRZ4CFc&feature=related

http://www.gpoaccess.gov/constitution/index.html

http://avalon.law.yale.edu/

http://confinder.richmond.edu/


4. Cornell University site offers the complete text of the Constitution. Must be downloaded.

http://www.law.cornell.edu/constitution/constitution.overview.html 5. The text of the Federalist Papers. http://www.law.ou.edu/hist/federalist/ 6. Flag Burning Issue. Web site has information about the constitutional amendment to

prohibit flag burning. It’s biased but informative about campaigns to amend the Constitution. http://www.usflag.org/amendment.html

7. The History Net offers a wide range of information about American history.

http://www.historynet.com/ah/ 8. Library of Congress. Primary Documents in American History: United States Constitution.

http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html 9. Library of Congress. “Web Guides” http://www.loc.gov/rr/program/bib/bibguide.html 10. The Manuscript Division of the Library of Congress offers a wide variety of documents

from the fifteenth to twentieth centuries on American history. http://lcweb2.loc.gov/ammem/mcchtml/corhome.html

11. National Archives and Records Administration. Constitution of the United States.

http://www.archives.gov/exhibits/charters/constitution.html 12. National Museum of American History offers timelines, virtual exhibits, music, and other

information from American history. http://www.americanhistory.si.edu/ 13. Official government site with full text of Constitution early Constitutional documents, the

Federalist Papers, amendments proposed but not ratified and more. http://www.house.gov/house/Educate.shtml

14. PBS.org has lots of information about all of American history, including articles on the

Founding Fathers, the early national period, the Constitution, etc. http://www.pbs.org/history/history_united.html

15. Thisnation.com. http://www.thisnation.com/ 16. Thomas Jefferson Digital Archive. University of Virginia.

http://etext.virginia.edu/jefferson/ 17. University of Louisville site that offers many links on or about the U.S. Constitution,

including amendments not ratified and links to constitutions more generally. http://library.louisville.edu/government/goodsources/history/constitution/usconstitution.html


50

http://www.law.cornell.edu/constitution/constitution.overview.html

http://www.law.ou.edu/hist/federalist/

http://www.usflag.org/amendment.html

http://www.historynet.com/ah/

http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html

http://www.loc.gov/rr/program/bib/bibguide.html

http://lcweb2.loc.gov/ammem/mcchtml/corhome.html

http://www.archives.gov/exhibits/charters/constitution.html

http://www.americanhistory.si.edu/

http://www.house.gov/house/Educate.shtml

http://www.pbs.org/history/history_united.html

http://www.thisnation.com/

http://etext.virginia.edu/jefferson/

http://library.louisville.edu/government/goodsources/history/constitution/usconstitution.html



51

18. The U.S. Constitution Online offers many documents including the Articles of Confederation, Declaration of Independence, and the Constitution and many other links. http://www.usconstitution.net


http://www.usconstitution.net/

Full file at ://fratstock.eu/sample/Solutions-Manual-The-New... · 2017-05-08 · Full file at ....

Documents

Transcript of Full file at ://fratstock.eu/sample/Solutions-Manual-The-New... · 2017-05-08 · Full file at ....